Smoke signals., August 15, 1997, Government Relations, Page 6, Image 6

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Increased government to government
relations is the focus of Executive Order
By Justin Martin
This article focuses upon the increased awareness of government to govern
ment relations following the Governor's Executive Order.
With the onset of the Governor's Executive Order, the new emphasis between tribes and
the State of Oregon is to improve government to government relations. This will be ac
complished through several different areas. The first of which is mutual respect from the
State of Oregon to the tribes as sovereign nations, and separate governments. The second
is through an increase in communication. Another avenue of increasing positive relations
is through a dispute resolution training program that will be attended by both the tribes and
the State.
One of the first goals of the Executive Order was to establish key contacts between both
governments. This is done by appointing department representatives from both sides, in
troducing them and creating relationships within common issue areas. This allows both
sides to be centralized in their focus, while also sharing in similar dialogues and protocols
with respect to their fields of expertise.
To begin this process there was a meeting held with the tribes and the Governor, to not
only announce the Executive Order, but to also lay a foundation for the goals and objec
tives that were to come from the training sessions. Governor Kitzhaber was present at a
social held in Salem at the Mill Creek Inn, where he addressed several Tribal Chairs and
other representatives about working with the Tribes through the Executive Order. The
Governor was very enthusiastic when he explained how he felt that Oregon was a leader in
the country on facilitating positive intergovernmental relations between the tribes and the
state. He also said the he was looking forward to working with each and every tribe to
continue the positive strides that the two sides have already made.
There was also an introductory meeting that was held July 16, at the State Capitol in
Salem. The purpose of this meeting was to introduce the tribes to the various key contacts
within the state agencies. Each tribe gave a forty-five minute presentation that provided an
overview of their history and culture, a description of today's governmental structure (gov-"
erning body, departments, programs, and protocol issues), and comments on some of their
tribal priorities.
On July 2 1 and 22, a second meeting was held for the key contacts of the west side tribes
in Eugene. This meeting was an introduction to various tribal representatives from their
respective departments. It also served as an introduction to the various aspects of dispute
resolution techniques. This meeting was attended by twelve members from the Confeder
ated Tribes of Grand Ronde.
The state also received similar training as the tribes in dispute resolution. The next
meeting that will be held will be attended by all tribes and will be a two day seminar on
August 25 and 26. This will be the final meeting before the next event which will bring all
the parties, both tribal and State together.
This training can be very positive, and should offer some assistance in the areas of com
munication and cooperation between two separate governments. If respect and goodwill
remain present, and a good positive working attitude underlies all of these negotiation
oriented meetings, the program will be a tremendous success. It is nice to sec the Governor
and the State of Oregon treating the tribes with the respect that they deserve. As strong and
proud nations the Indian tribes will respect and honor their counterparts within a positive
government to government relationship.
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Facilitators from Indian Dispute Resolution Services Inc., (Sacramento, CA) and Cas
cade Alternative Resolution Services, (West Linn, OR) were hired by the state to con
duct a training for tribal leaders on how to negotiate effectively with other agencies.
StateTribal Govermmemt-To-Govermment Relations
Executive Order - Office of the Governor
There are nine federally recognized Indian tribal governments located in the State of
Oregon. These Indian tribes were in existence prior to the formation of the United States of
America, and thus retain a unique legal status. The importance of recognizing the relation
ship that exists between the tribes and state government can not be underestimated.As
sovereigns the tribes and the State of Oregon must work together to develop mutual re
spect for the sovereign interests of both parties. The relationships between our govern
mental structures can only be built through trust and mutual respect. The purpose of for
malizing the government-to-government relationship that exists between Oregon's Indian
tribes and the State is to establish a process which can assist in resolving potential con
flicts, maximize key intergovernmental relations and enhance an exchange of ideas and
resources for the greater good of all of Oregon's citizens, whether tribal members or not.
IT IS ORDERED AND DIRECTED:
1. That the governor's Legal Counsel, or such other person as the Governor may from
time to time designate, shall be accountable to the Governor for the implementation of this
Executive Order and be responsible for convening an annual meeting where representatives
of the State and the nine federally recognized Oregon tribal governments will work together
to achieve mutual goals.
2. That the head of each Cabinet level department who is either appointed by the Gover
nor or who reports to gubernatorial appointees and is made subject to this order by the
Governor (hereinafter "department") shall be accountable to the Governor's office for adopting
a departmental StateTribal Government statement that:
a. Recognizes that Oregon Indian tribal governments are interested in the development
of state policy that affects tribal interests (hereinafter "state policy") and recognizes the
desirability of dialogue between tribal governments and the state, with regard to those
state policies;
b. Identifies key personnel of the department as a "key contact(s)" responsible for coor
dination with tribal governments;
c. Establishes a process for the identification of those state policies be designed tribal
representatives and key contacts;
d. Promotes dialogue between Oregon departments and tribal governments on those
state policies; and
e. That advances the government-to-government relationship by notifying staff and em
ployees of this Executive Order.
3. Through the process established under this Executive Order the key contacts and
designated tribal represenitives shall identify issues of mutual concern arising from state
policy. The departments and each tribal government shall make reasonable efforts to de
sign solutions and develop programs to achieve mutual goals in relation to state policy.
4. That each department shall recognize the opportunity to use a number of tools to
achieve mutual cooperation including but not limited to use of cooperative agreements with
Indian tribal governments as provided for in ORS 190.1 10 when it is appropriate to do so.
5. That each department shall provided key managers with periodic training which en
ables them to better recognize Indian issues and to understand and respect the legal status
of tribal governments and of American Indians as citizens of Oregon who also have their
own unique and distinct culture. It is important as well for the tribes to develop tribal
training so its members will better understand the working and process of state govern
ment. It is the hope of the state that these trainings will enable the tribes and the state to
learn about others' cultures and improve our mutual ability to communicate our interests
more clearly. The key contact and designated tribal represenitives shall consult on the
scope and content of training as well as the coverage of its cost.
6. That the department shall work cooperatively to accomplish the goals of this order.
It is the hope of the state and the tribes that this executive order will result in improving
the quality of communication between our sovereign governments. The tribes and the state
recognize that this order cannot and is not intended to create a forum for resolution for all
issues between the tribes and the state. Nor is it meant to replace presently existing lines
of communication. Both the tribes and the state recognize that issues that are the subject
if litigation or that are likely to become the subject of litigation are inappropriate for discus
sion in this process. Nothing in this order shall require the state or any of its agencies to
violate or ignore any laws, rules, directives or other legal requirements or obligations im
posed by state or federal law including but not limited to state Public Records laws, Public
Meetings laws and provisions of the state Administrative Procedures Act.
This document has been adopted for the sole purpose of enhancing communication and
mutual cooperation between the State of Oregon and the tribal governments and is not
intended to, and does not, create any right to administrative or judicial review, or any other
right or benefit or responsibility, substantive or procedural, enforceable by a party against
the State of Oregon, its agencies or instrumentalities, its officers or employees, its subdivi
sion or any other persons.
Done at Salem, Oregon this 22 day of May 1 996, Governor John Kitzhaber